Justice Department OKs district changes

Preclearance doesn’t affect black legislators’ case, official says

The Alabama Legislative Black Caucus lawsuit is pending in federal court. Black Democratic lawmakers are challenging the redrawn districts, which would take effect for the 2014 election. “The lawsuit centers around the disrespect of boundaries of counties,” said Perry County commissioner Albert Turner Jr., shown in 2010.

File | Dusty Compton | The Tuscaloosa News

By Dana BeyerleMontgomery Bureau

Published: Saturday, October 6, 2012 at 3:30 a.m.

Last Modified: Saturday, October 6, 2012 at 12:04 a.m.

MONTGOMERY | The U.S. Justice Department on Friday told Attorney General Luther Strange that it has approved the state’s new legislative districts.

U.S. Assistant Attorney General Thomas Perez told Strange that the Justice Department does not have any objections to the specified district changes.

Perez said, however, that the Justice Department approval does not stop a pending lawsuit from black Democratic lawmakers. They are challenging the redrawn districts, which would take effect for the 2014 election.

That litigation is pending in federal court.

The 105 House districts and 35 Senate districts were redrawn by the majority Republican Legislature this year, based on population changes reflected in the 2010 Census. State school board and U.S. congressional districts previously received Justice Department preclearance.

House Speaker Mike Hubbard said he was pleased but not surprised that the Justice Department approved the plans.

“This is proof positive that the districts were created fairly and drawn without a political agenda,” he said. “The only political agenda that exists in this process is among those who would continue to fight this plan even after a Democrat-dominated Justice Department has determined it to be fair and equitable to all Alabamians.”

Black lawmakers, county commissioners and others have filed a suit over the fairness of the redistricting that they say splits counties and like-voting populations.

Ed Still, an attorney for the black lawmakers, said the Justice Department action paves the way for the Alabama Legislative Black Caucus lawsuit.

“We’re cleared for takeoff now in Montgomery because it’s a completely different theory that is cognizable,” Still said.

Sen. Bobby Singleton, D-Greensboro, is a plaintiff in the lawsuit that was temporarily stayed pending the outcome of Alabama’s preclearance request.

Perry County Commissioner Albert Turner Jr. said the lawsuit is alive and vibrant.

“The lawsuit centers around the disrespect of boundaries of counties,” Turner said.

The House and Senate redistricting plans kept the same number of minority districts.

Republican legislators voiced satisfaction with the Justice Department’s ruling, noting that the Legislature used a 1 percent plus or minus population deviation in drawing districts, down from the 5 percent used in the previous redistricting 10 years ago.

Sen. Gerald Allen, R-Cottondale, said the redistricting effort was open and protects minority districts.

“It’s very fair piece of work that was done and should move forward,” he said. “I hope the judge will see the same thing the Washington group has noted and move forward and give it approval.”

The co-chairman of the legislative redistricting committees, Rep. Jim McClendon, R-Springville, said preclearance is “the biggest one and the hardest” to pass.

“This is the equivalent of a grand slam, bases loaded and out of the park,” he said. “It gives us four that we have submitted and have been accepted.”

The federal lawsuit was assigned to three judges, U.S. District Judges W. Keith Watkins and Myron Thompson, and 11th U.S. Circuit Court of Appeals Judge William H. Pryor Jr., a former Alabama attorney general.

<p>MONTGOMERY | The U.S. Justice Department on Friday told Attorney General Luther Strange that it has approved the state's new legislative districts.</p><p> U.S. Assistant Attorney General Thomas Perez told Strange that the Justice Department does not have any objections to the specified district changes.</p><p>Perez said, however, that the Justice Department approval does not stop a pending lawsuit from black Democratic lawmakers. They are challenging the redrawn districts, which would take effect for the 2014 election.</p><p>That litigation is pending in federal court.</p><p>The 105 House districts and 35 Senate districts were redrawn by the majority Republican Legislature this year, based on population changes reflected in the 2010 Census. State school board and U.S. congressional districts previously received Justice Department preclearance.</p><p>House Speaker Mike Hubbard said he was pleased but not surprised that the Justice Department approved the plans.</p><p>“This is proof positive that the districts were created fairly and drawn without a political agenda,” he said. “The only political agenda that exists in this process is among those who would continue to fight this plan even after a Democrat-dominated Justice Department has determined it to be fair and equitable to all Alabamians.”</p><p>Black lawmakers, county commissioners and others have filed a suit over the fairness of the redistricting that they say splits counties and like-voting populations.</p><p>Ed Still, an attorney for the black lawmakers, said the Justice Department action paves the way for the Alabama Legislative Black Caucus lawsuit. </p><p>“We're cleared for takeoff now in Montgomery because it's a completely different theory that is cognizable,” Still said.</p><p>Sen. Bobby Singleton, D-Greensboro, is a plaintiff in the lawsuit that was temporarily stayed pending the outcome of Alabama's preclearance request.</p><p> “We feel really good that the administrative action doesn't affect our lawsuit at all,” Singleton said.</p><p> Perry County Commissioner Albert Turner Jr. said the lawsuit is alive and vibrant. </p><p>“The lawsuit centers around the disrespect of boundaries of counties,” Turner said.</p><p> The House and Senate redistricting plans kept the same number of minority districts.</p><p> Republican legislators voiced satisfaction with the Justice Department's ruling, noting that the Legislature used a 1 percent plus or minus population deviation in drawing districts, down from the 5 percent used in the previous redistricting 10 years ago.</p><p> Sen. Gerald Allen, R-Cottondale, said the redistricting effort was open and protects minority districts.</p><p>“It's very fair piece of work that was done and should move forward,” he said. “I hope the judge will see the same thing the Washington group has noted and move forward and give it approval.”</p><p> The co-chairman of the legislative redistricting committees, Rep. Jim McClendon, R-Springville, said preclearance is “the biggest one and the hardest” to pass.</p><p>“This is the equivalent of a grand slam, bases loaded and out of the park,” he said. “It gives us four that we have submitted and have been accepted.”</p><p>The federal lawsuit was assigned to three judges, U.S. District Judges W. Keith Watkins and Myron Thompson, and 11th U.S. Circuit Court of Appeals Judge William H. Pryor Jr., a former Alabama attorney general.</p>